Tariff Cost Awards in Appellate Proceedings

[48]

48.1 For purposes of this Rule, "Tariff Costs" are those set out in Annex 1706.1(4)(b) and 1716(3).

48.2 Tariff Costs of appellate Proceedings are to be awarded by the Appellate Panel with a view to discouraging non-meritorious appeals.

48.3 Where an appeal is unsuccessful, the Appellate Panel shall ordinarily order the Appellant to pay the Tariff Costs of the Respondent.

48.4 Where an appeal is successful, the Appellate Panel shall ordinarily make no award for Tariff Costs.

48.5 Notwithstanding paragraphs 48.2 to 48.4, the Appellate Panel may award Tariff Costs differently where justified by other relevant considerations, including the procedural conduct of an Appellant or Respondent or the extent of an Appellant’s or Respondent’s success. For greater certainty, the Appellate Panel may make an award of Tariff Costs where an appeal is discontinued.